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Skanska Walsh, Joint Venture;
Building & Construction Trades Council of Greater New York;
and
United States Department of Labor
Occupational Safety & Health Administration


  1. IDENTIFICATION OF PARTNERS

    The partners to this Agreement include:

    • Skanska Walsh, JV;
    • The Building & Construction Trades Council of Greater New York (BCTC)
    • he United States Department of Labor, Occupational Safety and Health Administration (OSHA).

    To facilitate the goal of reducing occupational related fatalities and serious injuries within the construction industry, the Occupational Safety and Health Administration, Building & Construction Trades Council of Greater New York, and Skanska Walsh, JV have agreed to enter into an OSHA Strategic Partnership agreement which will effectively implement all goals and achieve self-compliance through cooperative efforts from labor, management, and OSHA.

    This Partnership is designed to address hazards within the construction industry and to promote and recognize that Skanska Walsh, JV has demonstrated an effective safety and health program. This Partnership will serve to establish a cooperative effort in ensuring safety between OSHA, Skanska Walsh, JV, contractors; and maintaining an open line of communication to the unions through the Building & Construction Trades Council of Greater New York. It allows for better use of OSHA resources and innovation in safety management and encourages more participation in the safety process.

  2. PURPOSE/SCOPE

    This Partnership Agreement applies to LaGuardia Airport Central Terminal Building Redevelopment Project.

    This partnering agreement was developed jointly by OSHA, and Skanska Walsh, JV. The Building & Construction Trades Council of Greater New York is a limited partner, for the sole and limited purpose of facilitating communications between Skanska Walsh, JV, the contractors, and the Building Trades affiliates. 1 The participation of the Building & Construction Trades Council of Greater New York does not shift the responsibility to provide and maintain a safe work environment from the Owner/Developer. Skanska Walsh JV or any contractor to the Building & Construction Trades Council of Greater New York, its affiliated unions, or the employees. The common objective and goal of the agreement is to reduce the number of fatalities, injuries, and illnesses in the construction industry. This initiative represents a voluntary agreement and affords a partnership alternative to the traditional OSHA enforcement procedures.

    By focusing its efforts and utilizing the skills, knowledge and resources of OSHA, and Skanska Walsh, JV, the partners expect to reduce the number of fatalities, injuries, and illnesses in the construction industry, and the Building & Construction Trades Council of Greater New York supports that effort.

    Increased communication between the stakeholders and the resultant mutual respect are additional benefits expected to be realized from this cooperative and voluntary Partnership.

    There are two special focus areas contained in this OSHA Strategic Partnership. The first strives to improve the safety and health programs of smaller subcontractors, including all multi-tiered subs that arrive for work on the site, through the adoption of OSHA's "Recommended Practices for Safety and Health Programs" or other equivalent and recognized guidelines. The second focus area emphasizes worker voice and involvement.

  3. GOALS/STRATEGIES/MEASURES

    The primary objective of this partnership is to create a working relationship that focuses on preventing work-related fatalities, controlling or eliminating serious workplace hazards, and establishing a foundation for the development of an effective safety and health program. The goals employed to achieve these results will include the following:

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    GOALS STRATEGIES MEASURES
    By the end of the partnership, reduce the total number of injuries and illnesses cases by at least ten (10) percent below the 2015 BLS Rates for Non-Residential Construction NAICS 23, thereby working towards a safe and healthful work environment for employees at the project.
    1. Reviewing the OSHA 300 data of the partnership participants.
    2. Calculating the employer's TCIR and Days away from work, restricted, or job transferred (DART)1 rates.
    3. Comparing this data with the baseline rates for the agreement.
    1. This goal will be measured by the number of companies participating in the Partnership, which reduce their TCIR and DART rates below the baseline for the partnership.
    2. Baseline will be based on the 2015 BLS Rates for Non-Residential Construction NAICS 23, which is 3.5 and 2.0
    Effectively control workplace hazards by increasing the number of construction companies with safety and health management systems. Methods to evaluate the partner's performance in this area will include the implementation of comprehensive safety and health management systems, employers that establish or improve their safety and health management system.
    1. Measure the number of subcontractors, including all multi-tiered subcontractors on-site that develop and implement new effective safety and health management systems as a result of participating in the Partnership.
    2. Measure the number of subcontractors, including all multi-tiered subcontractors on-site that improve their safety and health management systems as a result of participating in the Partnership.
    Continually improve safety and health at the worksite by ensuring that best practices are shared with all subcontractors.
    1. OSHA will evaluate the number of inspections and types of violations issued to partnership members.
    2. Skanska Walsh, JV will continuously monitor worksites by conducting audits identifying and correcting serious hazards.
    1. Measured by monitoring the number of participants that experience OSHA enforcement inspections, which result in citations with penalties. A comparison will be made between the number of previous OSHA inspections and hazards identified.
    2. Measured through the analysis of worksite analysis tools utilized by Skanska Walsh, JV.
    Achieve VPP Star status for the worksite
    1. Develop an appropriate timetable to achieve VPP status by the end of the partnership period.
    2. Develop VPP application
    3. Utilize internal or external safety resources to conduct a preliminary VPP review three (3) months before the scheduled OSHA VPP on-site in order to ensure that the site is ready. The resources use should be mutually acceptable to all partnership signatories.
    4. Conduct the VPP evaluation at the worksite.
    1. Finalize schedule by August 31, 2017
    2. Application to be completed and submitted to OSHA no later than six (6) months before the scheduled Partnership end date.
    3. Scheduled preliminary VPP review in accordance with finalized schedule
    4. Conduct VPP onsite evaluation no later than the end of the Partnership period.
  4. SAFETY AND HEALTH MANAGEMENT SYSTEM

    The management of this agreement will be accomplished by Skanska Walsh, JV implementing a comprehensive jobsite safety and health management system.2

    Management Leadership

    • Establish a jobsite safety team, consisting of a representative of all primary subcontractors on site, implement the safety committee's Safety Works Philosophy, in that all accidents are preventable and unnecessary, and a comprehensive safety and health management system,
    • Have the authority to enforce safety rules and regulations. This authority will include provisions to hold contractors accountable and, if necessary, remove contractor, supervision from the job site.
    • Mentor subcontractors in safety and health management systems. Subcontractors shall include all multi-tiered subs that arrive for work on the site.

    Worker Participation

    • Skanska Walsh, JV and the Building & Construction Trades Council of Greater New York will work together to develop strategies to insure worker involvement at its worksite. Workers are closest to the potential hazards and are directly affected by safety and health issues at the worksite.
    • A Safety & Health Committee will be established by Skanska Walsh, JV and its trade representatives. The Committee will meet monthly at a minimum and minutes will be recorded. Workers must have input on agenda items.

    Hazard Identification and Assessment

    • Skanska Walsh, JV will use their own system to collect and analyze injury and illness trends (including near-miss incidents) by all contractors performing work at the site. This data will be used as a tool to ensure continual safety and health improvement at the site. Near misses and incidents will be reviewed at the weekly Subcontractor meeting and at the Safety & Health Committee meeting.
    • Ensure that a risk assessment is performed by a competent person on all fall hazards. The probability and severity of occurrence for each identified hazard will be evaluated to eliminate or reduce the risk through engineering or administrative controls to a level as low as possible.
    • Work to provide the resources to conduct appropriate industrial hygiene monitoring for ALL toxins, carcinogens, or hazardous substances currently emphasized by OSHA such as silica, lead,and/or cadmium. Employee exposures will be assumed and respiratory protection worn until the results of the initial monitoring studies are received and demonstrate no exposure problems or prior surveys show no hazard exists. Skanska Walsh, JV will endeavor to ensure that no work with these materials will occur, thus preventing any exposure.
    • Self-Audits – A safety observation log will be maintained to document observations and ensure corrective actions are taken. The Skanska Walsh, JV Site Safety Manager will have responsibility for maintaining the log, however, anyone on site, including the workers, can communicate their observations and concerns. The Skanska Walsh, JV Site Safety Manager will add such observations and concerns to the log.
    • Worksite Inspections:
      • Audits of the work performed by all contractors on-site, will be conducted not less than weekly, and this information will be submitted to the Skanska Walsh, JV Site Safety Manager. If there are areas that need to be corrected, the Subcontractors MUST correct them.
      • In addition, once a month, a comprehensive audit of the jobsite will be performed. A representative of the subcontractors will be a safety audit participant in the jobsite areas where their employees may be exposed to hazards.
      • Any hazards found during the audits will be corrected promptly. Items noted on the audit will be annotated on a daily log.
      • When hazards cannot be corrected immediately they will be tracked until abatement is completed. Employees exposed to these hazardous conditions will be informed of the hazard and an effective interim control measures will be implemented.
      • A record will be kept of all hazards found during the comprehensive audits and the number of hazards corrected as a result.
    • Skanska Walsh, JV will complete a risk assessment prior to exposing employees to potential safety and health hazards. This will be accomplished by the use of a Construction Task Hazard Analysis (THA) form or similar instrument.

    Hazard Prevention and Control

    • An effective environmental monitoring program will be implemented to control airborne hazards, such as silica, and will include personal monitoring, employee training, implementation of engineering controls where possible, and the use of respiratory protection when necessary. Previous site-based data will be considered acceptable. Ensure health-related issues which occur during the course of the project are adequately addressed by Skanska Walsh, JV and/or the affected subcontractors. All health-related issues will be discussed during the partnership meetings.
    • An effective hearing conservation program, including noise monitoring and engineering controls, where possible, will be implemented by Skanska Walsh, JV.
    • Bricklayers performing overhand bricklaying and related work above lower levels must be adequately protected. No monitor system will be allowed.
    • Workers on the face of formwork or reinforcing steel must be protected from falling by personal fall arrest systems, with the use of a positioning device, and/or lanyards.
    • Ensure that ground fault circuit interrupters (GFCI) are used to protect all electrical circuits that are installed for work. All contractors will ensure that employees are protected by the use of a GFCI at all times.
    • Serious ergonomic hazards will be identified and corrected.
    • Ensure compliance with the NFPA 70E when working on live electrical equipment, including training and the availability and use of personal protective equipment. A permit system will be implemented whenever work around live electrical systems will be done to ensure the implementation of appropriate protective measures prior to exposure. The permit form includes requirements for pre-task review and lock out/tag out procedures to be followed.
    • Ensure all equipment capable of amputations is adequately guarded.
    • Require the use of appropriate personal protective equipment. Hardhats are mandatory. Employees exposed to or working with heavy equipment and all flagmen on site shall wear high-visibility reflective clothing. A 100 percent eye protection program will be implemented.
    • Ensure that all signs and warnings will be posted in English and Spanish, as well as any other appropriate languages.
    • Implement an effective Heat Illness Prevention Program to educate workers about the hazards of working outdoors in the heat and steps needed to prevent heat-related illnesses. This should utilize tools such as OSHA's Heat Safety Tool Smartphone App and the Employer Guide to Using the Heat Index.
    • Ensure that no employees are allowed to work directly below a suspended load except for: employees engaged in the initial connection of steel; employees necessary for hooking or unhooking the load. The following criteria must be met when employees are allowed to work under the load: materials being hoisted shall be rigged to prevent unintentional displacement; hooks with self-closing safety latches or their equivalent shall be used to prevent components from slipping out of the hook; all loads shall be rigged by a qualified rigger. Appropriate use of tag lines will be utilized to prevent work below suspended loads.

    Education and Training

    • Ensure employees receive training as follows:
      • All employees will possess an OSHA 10-hour card or its equivalent.
      • All employees will receive a site-specific construction safety orientation covering jobsite safety and health issues, procedures relative to the work being performed, as well as the requirements outlined in the Partnership Agreement. In addition, employees shall receive training on the content of the Risk Assessment for operations they will encounter. This may require periodic retraining of employees on the content of the Risk Assessment as they become relevant due to entering new phases of construction. This material will be provided by Skanska Walsh, JV to the Subcontractor's designated safety representative for completion.
      • Safety and health project specific training will be provided to all workers in a language they understand. Skanska Walsh, JV will use printed material during orientation. Each contractor will provide a person that can communicate safety requirements to their workers in a language they understand.
      • Other hazard-specific training will be conducted on an as-needed basis.
    • Tool box talks will be held weekly. Each Subcontractor will be responsible for conducting, documenting, recording attendance, and submitting reports to Skanska Walsh, JV. Skanska Walsh, JV has agreed to provide topics for discussion in event the subcontractors do not have them.

    Program Evaluation and Improvement

    • The program will be evaluated on an annual basis through the use of the Strategic Partnership Annual Evaluation Format as specified in Appendix C of OSHA Instruction CSP 03-02-002, OSHA Strategic Partnership Program for Worker Safety and Health.
    • It will be the responsibility of Skanska Walsh, JV's Contractors to gather required participant data to evaluate and track the overall results and success of the Partnership Program. This data will be shared with OSHA. It will be the responsibility of OSHA to write and submit the annual evaluation.

    Communication and Coordination for Host Employers, Contractors, and Staffing Agencies

    • Subcontractors with written safety and health management systems must submit them to Skanska Walsh, JV for evaluation. Companies without safety and health management systems may adopt Skanska Walsh, JV's, or develop an adequate safety and health management system that utilizes recognized criteria such as OSHA's "Recommended Practices for Safety and Health Programs".
    • Subcontractors will:
      • Work with a trades' representative and/or major subcontractor representative on the site Safety Committee to resolve job safety issues.
      • Participate in the site Safety Committee, as necessary.
      • Participation in this committee will consist of, but will not be limited to, participation in the Project Team Safety Walkthroughs and monthly safety meetings.
      • Conduct jobsite safety inspections for those employees under their control. This will be in addition to the general inspections that are to occur daily. If non-compliant activity or hazards are discovered, immediate correction is required. Documentation of abatement methods and verification must be submitted to Skanska Walsh, JV's Safety Director.
      • If non-compliant activity or hazards are discovered, immediate correction is required. Abatement methods and verification must be submitted to Skanska Walsh, JV's Safety Director who will document the correction taken and share this information during the monthly update meetings.
      • Share the results of jobsite inspections with all workers by posting them in an area where employees can see them.
      • Comply with their collective bargaining agreement provisions on Safety, or alternatively seek further negotiation where appropriate.
  5. OSHA VERIFICATION PROCEDURES

    • Verification Inspections: OSHA will conduct the initial verification inspection no sooner than two months, but within six months after partnership participants formally enter into this agreement. During this period participants should develop and implement the safety and health management systems required under this agreement. After this period, OSHA will conduct the initial verification inspection and annually thereafter.
    • If the site meets the criteria outlined in OSHA's current enforcement guidelines, the enforcement verification inspections may be conducted as a focused inspection, concentrating on the four leading hazards that account for the most fatalities and serious injuries in the construction industry: falls; electrical hazards; caught in/between hazards (such as trenching); and "struck-by" hazards (such as materials handling equipment and construction vehicles).
    • In addition to traditional enforcement issues, the inspection will assess the Partner's progress in meeting the requirements of the Partnership. Employee rights under the OSH Act of 1970 will be afforded at all times. During the verification inspections, if OSHA personnel identify serious hazards that site management refuses to correct, the scope of the inspection may be expanded.
    • Nothing in this agreement precludes any OSHA enforcement procedure or activity. Employers and sub-contractors engaged in this partnership recognize that OSHA will fully investigate complaints as well as incidents involving a fatality or serious physical harm. If during the course of the investigation OSHA determines that the incident resulted from violations of the OSHA standards, the employer will no longer be afforded partnership benefits.
    • This partnership provides for the immediate response to each allegation of a safety or health hazard brought to its attention by any person including employees and employees of subcontractors. Upon a finding that an allegation is valid, the employer shall promptly abate the hazard.
    • Nothing in this Agreement shall supersede collective bargaining agreement provisions for employee discipline or discharge.
  6. INCENTIVES

    • According to the OSHA Strategic Partnership Program Directive, no new or renewed Partnerships may have inspection exemptions or any other enforcement incentives.
    • Maximum penalty reductions as allowed in the OSHA Field Operations Manual (FOM) for good faith and history will be considered by the Area Director.
    • In the event that a citation with penalties is issued, the Area Director has the authority to negotiate the amount of an additional penalty reduction as part of the informal conference settlement agreement.
    • Skanska Walsh, JV will be informed by OSHA of all implemented Local Emphasis Programs (LEP) and National Emphasis Programs (NEP), and this information will be shared with all sub-contractors.
  7. ROLES

    Skanska Walsh, JV:

    • The Safety Director for Skanska Walsh, JV will serve as a point of contact, monitor safety and health at the site and its progress toward achievement of the partnership goals.
    • Skanska Walsh, JV's Project Manager will ensure that daily Safety Audits are conducted (since this is a multi-employer worksite and all workers are to work together on safety issues). Skanska Walsh, JV, upon request, will review subcontractors daily log books, note any hazards found, and then review them with all committee members at the weekly coordination/Subcontractor meeting.
    • Skanska Walsh, JV will:
      • Conduct and document job site safety meetings/toolbox talks on a weekly basis.
      • Submit monthly incident reports to the partners, including first aid, injury, property damage and near miss reports.
      • Continually audit the partnership's effectiveness and make recommendations for improvement.
      • Establish an Employee Safety committee that will meet on a monthly basis to share the results of jobsite inspections, information concerning accidents and near misses, suggestions for improvement and recommendations for training for the general workforce. Near misses and daily safety audits will be continued to be discussed during Tool Box Talks.

    OSHA will:

    • Participate, to the extent resources permit, in the quarterly Partnership Committee/Subcontractor meetings, but will not participate in the walk around inspections, except that the verification visits may be scheduled as part of the weekly walk around inspection.
    • Serve as a resource and liaison for partnership participants and also assist with safety and health training, as resources permit.
    • Give priority to the construction project when technical assistance is needed.
    • Audit the monthly reports/documents and make recommendations for improvements in meeting Partnership goals.
    • Conduct inspections in accordance with this Partnership.
    • Conduct the annual partnership evaluation report in accordance with this Partnership.
  8. WORKER AND EMPLOYER RIGHTS

    This partnership does not preclude workers and/or employers from exercising any right provided under the OSH Act of 1970, nor does it abrogate any responsibility to comply with rules and regulations adopted pursuant to the Act; nor does it impact employee rights under the NLRA

  9. TERM OF AGREEMENT

    This agreement will terminate on July 6, 2020 which is 3 years from the date of signing. If either OSHA or Skanska Walsh, JV wishes to withdraw its participation prior to the established termination date, the agreement will terminate upon receiving written notice of the intent to withdraw from either signatory.

  10. PAPERWORK REDUCTION ACT

    Paperwork Reduction Act Notice Form Approved MB# 1218-0244 Expires 06-30-2015. Public reporting burden for the time needed to develop the Partnership requirements, craft agreement language, and conduct an internal review process is estimated to be an average of 12 burden hours per respondent.

  11. SIGNATURES

    Signed on
    July 6, 2017

     

     

    OSHA Region 2

     


    • Robert Kulick, Regional Administrator

     


    • Kay Gee, Manhattan Area Director

    SKANSKA WALSH, JV TEAM

     


    • Thomas Nilsson, Project Officer

     


    •  

     

     

    Building & Construction Trades Council of Greater New York

     


    • Gary LaBarbera, President

     

     

     

     


    •  

1 The BCTC does not negotiate with respect to individual trade safety practices and has not been authorized by its affiliates to bargain with Skanska Walsh, JV regarding individual trade safety practices or policies. The BCTC does not represent that it has any authority to supersede any collectively bargained safety measures contained in any collective bargaining agreement, policy or practice.

2 This Agreement does not supersede negotiated safety measures between the trades and their employer associations and contractors. Any efforts under this agreement must take into account that safety is a mandatory subject of bargaining and cannot be modified unilaterally through this Agreement.

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